Arbitration Clause (Temporarily?) Derails ITC Investigation

2008-1504 Sumitomo v. ITCITC 337-TA-635 Sumitomo appeals from the decision of the ITC to terminate the investigation regarding the importation of certain pesticides and products containing clothianidin that infringe claims 1 and 9 of 5,034,404.  The ITC determined that an arbitration clause in a license between predecessors of the parties required termination of the investigation [...]

Nonexclusive Licensee Has Implicit “Have-Made” Rights

2008-1502 Corebrace v. Star SeismicD/UT 08-cv-11Judge Dale Kimball Corebrace appeals from Judge Dale Kimball’s grant of a motion to dismiss finding that Star did not breach its license of Corebrace’s 7,188,452 patent, and therefore there was no claim for breach of contract or patent infringement.  The patent relates to a restraining brace used in steel-framed [...]

UniRAM Defends Patent, Gets $30.5 Million For Stolen Trade Secrets

2008-1494 UniRAM Technology v. Taiwan SemiconductorND/CA 04-cv-1268Judge Vaughn Walker Taiwan Semiconductor Manufacturing Co. (TSMC) appeals from the orders and judgment of Judge Vaughn Walker affirming the jury’s $30+ million verdict that it stole trade secrets from UniRAM and that certain UniRAM patents are not unenforceable.  The patent infringement claims by UniRAM were dismissed with prejudice [...]

Some Like It Easy: Filing Under Seal, ED Texas Style

I used to represent several broadcast and print journalists, often heading off to some state courthouse to remind the local judge about the First Amendment and this country’s great tradition of open courts, open proceedings, and open records.  It seemed that someone always wanted to keep inquisitive eyes off some judicial event–perhaps legitimately to maintain [...]

“Let’s a-go!” Nintendo Appeals $21 Million Judgement And Injunction

2008-1500 Anascape v. MicrosoftED/TX 06-cv-158Judge Ron Clark Nintendo appeals from the orders and judgment of Judge Ron Clark affirming a jury’s verdict that Nintendo’s GameCube controller, GameCube Wavebird wireless controller, and Wii Classic controller connected to the Wii remote controller infringes claims of 6,906,700.  The claims were also found valid and, after a bench trial, [...]

On The Radar: July 2008

Like any good journalist, I want to cover the big story–unexpected events, the triumph of an underdog, a fantastic finish.  But lately I’m getting less action than the movie critic for a community newspaper.  July’s On The Radar has few plot twists and a predictable finish.  The Eastern District of Texas steals the show, the [...]

But Do They Look Alike To Phelps?

2008-1498 Sofpool v. Intex RecreationED/TX 07-cv-097Mag. Judge Charles Everingham Sofpool appeals from the orders and judgment of Mag. Judge Charles Everingham confirming the jury’s verdict of non-infringement of design patents D408,817 and D408,546.  Michael Smith previously reported the verdict here.

Court Dismisses Claims Over Wang’s Application

2008-1496 Saint Gobain v. WangD/MA 07-cv-40129Judge F. Dennis Saylor, IV Plaintiff Saint Gobain Ceramics & Plastics appeals from Judge F. Dennis Saylor’s dismissal of its claims regarding ownership of a pending patent application for lack of subject matter jurisdiction. Wang was a former employee of Saint Gobain.  After leaving he went to defendant Planar Solutions [...]

Hospira Wins Dismissal But Loses Time

2008-1499 Aventis Pharma v. Hospira CD/CA 07-CV-8137Judge Mariana R. Pfaelzer Aventis has appealed from Judge Pfaelzer’s Order granting Hospira’s motion for judgment on the pleadings and dismissing Aventis’s infringement claim with prejudice based on collateral estoppel.  Aventis owns U.S. Patent No. 5,389,618 claiming enoxaparin sodium sold under the brand name LOVENOX®.  Enoxaparin sodium is used [...]

“Air Quality” Renders Claims Invalid

2008-1482 Purechoice v. HoneywellED/TX 06-cv-244Judge T. John Ward Purechoice appeals from the judgment of Judge Ward construing certain claim terms of RE38,985 as ambiguous and the claims invalid for indefiniteness.  The patent relates to a remote environmental monitoring system that collects air quality data about a site. The terms at issue are "environmental air quality" [...]